Plan B Environmental Activists deservedly lose High Court battle over Carbon Target

Breaking News

From Belfast Telegraph & itv.com and Science Matters (my bold)

Lawyers for the charity previously argued the Government should have, in light of the current scientific consensus, gone further than its original target of reducing carbon levels by 2050 to 80% of those present in 1990.

They said the decision not to amend the 2050 target put the UK in breach of its international obligations under the Paris Agreement on Climate Change and was influenced by the Government’s belief that a “more ambitious target was not feasible”.

At a hearing on July 4, Jonathan Crow QC told the court: “The Secretary of State’s belief that he needs to have regard to what is feasible, rather than what is necessary, betrays a fundamental misunderstanding of the scheme of the 2008 Act and must be quashed.

“All of the individual claimants are deeply concerned about climate change.”

The barrister argued the Secretary of State’s “continuing refusal” to amend the 2050 target means the UK is playing “Russian roulette with two bullets, instead of one”.

But, refusing permission for a full hearing, Mr Justice Supperstone said Plan B Earth’s arguments were based on an “incorrect interpretation” of the Paris Agreement.

He said: “In my view the Secretary of State was plainly entitled … to refuse to change the 2050 target at the present time.

In a previous post I wrote that

Taking court action to compel Governments to enforce the Paris Climate Agreement is against the real spirit of that Agreement. Controlling global GHG emissions consistent with 2°C, or 1.5°C is only an aspiration, made unachievable by allowing developing countries to decide for themselves when to start reducing their emissions. ……. Governments wanting to both be players on the world stage and serve their countries give the appearance of taking action of controlling emissions, whilst in substance doing very little. This is the real spirit of the Paris Climate Agreement. To take court action to compel a change of policy action in the name of that Agreement should be struck off on that basis.

Now I would not claim Mr Justice Supperstone supports my particular interpretation of the Paris Agreement as an exercise in political maneuvering allowing Governments to appear to be one thing, whilst doing another. But we are both agreed that “Plan B Earth’s arguments were based on an “incorrect interpretation” of the Paris Agreement.

The UNFCCC PDF of the Paris Agreement is here to check. Then check against my previous post, which argues that if the Government acted in the true spirit of the Paris Agreement, it would suspend the costly Climate Change Act 2008 and put efforts into being seen to be doing something about climate change. Why

  • China was praised for joining the emissions party by proposing to stop increasing emissions by 2030.
  • Very few of the INDC emissions will make real large cuts in emissions.
  • The aggregate forecast impact of all the INDC submissions, if fully enacted, will see global  emissions slightly higher than today in 2030, when according to the UNEP emissions GAP report 2017 for 1.5°C warming target they need to be 30% lower in just 12 years time. Paris Agreement Article 4.1 states something that is empirically incompatible with that aim.

In order to achieve the long-term temperature goal set out in Article 2, Parties aim to reach global peaking of greenhouse gas emissions as soon as possible, recognizing that peaking will take longer for developing country Parties,

  • The Paris Agreement allows “developing” countries to keep on increasing their emissions. With about two-thirds of global emissions (and over 80% of the global population), 30% emissions cuts may not be achieved even if all the developed countries cut emissions to zero in 12 years.
  • Nowhere does the Paris Agreement recognize the many countries who rely on fossil fuels for a large part of their national income, for instance in the Middle East and Russia. Cutting emissions to near zero by mid-century would impoverish them within a generation. Yet, with the developing countries also relying on cheap fossil fuels to promote high levels of economic growth for political stability and to meeting the expectations of their people (e.g. Pakistan, Indonesia, India, Turkey) most of the world can carry on for decades whilst some enlightened Governments in the West damage the economic futures of their countries for appearances sake. Activists trying to dictate Government policy through the Courts in a supposedly democratic country ain’t going to change their minds.

Plan B have responded to the judgement. I find this statement interesting.

Tim Crosland, Director of Plan B and former government lawyer, said: ‘We are surprised and disappointed by this ruling and will be lodging an appeal.

‘We consider it clear and widely accepted that the current carbon target is not compatible with the Paris Agreement. Neither the government nor the Committee on Climate Change suggested during our correspondence with them prior to the claim that the target was compatible.

Indeed, it was only in January of this year that the Committee published a report accepting that the Paris Agreement was ‘likely to require’ a more ambitious 2050 target

What I find interesting is that only point that a lawyer has for contradicting Mr Justice Supperstone’s statement that “Plan B Earth’s arguments were based on an “incorrect interpretation” of the Paris Agreement” is with reference to a report by the Committee on Climate Change. From the CCC website

The Committee on Climate Change (the CCC) is an independent, statutory body established under the Climate Change Act 2008.

Our purpose is to advise the UK Government and Devolved Administrations on emissions targets and report to Parliament on progress made in reducing greenhouse gas emissions and preparing for climate change.

The Committee is set up for partisan aims and, from its’s latest report, appears to be quite zealous in fulfilling those aims. Even as a secondary source (to a document which is easy to read) it should be tainted. But, I would suggest that to really understand the aims of the Paris Agreement you need to read the original and put it in the context of the global empirical and political realities. From my experience, the climate enlightened will keep on arguing for ever, and get pretty affronted when anyone tries to confront their blinkered perspectives.

Kevin Marshall

Leave a comment

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: